2014 rail and road december edition

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RAILROAD AND THE MAGAZINE OF THE NSW BRANCH OF THE RAIL, TRAM & BUS UNION VOLUME 106 No.4 December 2014 Print Post Approved 25500003-01148 Merry Christmas & Happy New Year to all of our members and their families

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The magazine of the NSW Branch of the Rail, Tram and Bus Union

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Page 1: 2014 Rail and Road December Edition

RAILROADAN

D

THE MAGAZINE OF THE NSW BRANCH OF THE RAIL, TRAM & BUS UNION

VOLUME 106 No.4 December 2014

Print Post Approved 25500003-01148

Merry Christmas &

Happy New Year to all of our members

and their families

Page 2: 2014 Rail and Road December Edition

Selective advertising is available in RAIL & ROAD at competitive individual issue rates or a discounted annual rate. A design service is also available to have your advertisement professionally designed to your specifications.

RAILROADAN

D ADVERTISINGRATES

RAIL & ROAD is the official journal of the NSW Branch of the Rail, Tram and Bus Union and is produced as part of the union’s communication strategy to inform and report on matters of interest to members. All editorial and advertising inquiries should be addressed to Peter O’Connor Telephone: 0430 188 116 e-mail: [email protected] Printing - Brightset, Banksmeadow, (02) 9316 4800 Art & Design - P Design - [email protected] - Phone 0402 032 949

RTBU Holiday ParkVacancies - Book your holiday nowThe RTBU Holiday Park is a great place to escape to for a peaceful break in the

National Park and a walk along the beach.Avoid the rush and the high season rates - book your holiday now. The Holiday

Park is situated in a National Park and Members can enjoy a holiday by the sea and relax with fishing, tennis, boating, swimming or bushwalking.

RTBU members can also now get discounted rates at the United Services Union Aquatic Resort (Motel and Caravan Park) at Port Macquarie.

For booking enquiries please telephone Head Office on

(02) 9264 2511

NSW BraNch

head OfficeLevel4, 321 Pitt Street,

Sydney NSW 2000

Tel (02) 92642511

Fax (02)92611342

Email [email protected]

Website www.rtbu-nsw.asn.au

Bus and Tram Division83-89 renwick Street

redfern NSW 2016

Tel (02) 93197277

Fax (02) 93194341

[email protected]

Locomotive DivisionLevel 4, 321 Pitt Street

Sydney NSW 2000

Tel (02) 92643400

Fax (02) 92647679

Email [email protected]

Newcastle Office33 Gordon avenue

hamilton NSW 2303

Tel (02) 4961 4311

Fax (02) 4961 4779

Wollongong OfficeLevel 1, 306a crown Street, Wollongong, 2500

Tel (02) 4227 5798

Email [email protected]

Branch ExecutiveSecretary alex claassens

President Phil Kessey

assistant Secretary Mick Schmitzer

OrganisersNewcastle Mick Schmitzer

Wollongong John curley

Frieght Organiser Steve Wright

Branch Organisers Brendan Edghill

Paul Douglas

Bob hayden

Lead Organisers

Phillip Kessey

Doug Klineberg

Lizanne Bennett

Education Officer Maryanne Stuart

Industrial Officer Peter O’connor

Selective advertising is available in RAIL & ROAD at competitive individual issue rates or a discounted annual rate. A design service is also available to have your advertisement professionally designed to your specifications.

RAILROADAN

D ADVERTISINGRATES

RAIL & ROAD is the official journal of the NSW Branch of the Rail, Tram and Bus Union and is produced as part of the union’s communication strategy to inform and report on matters of interest to members.

All editorial and advertising inquiries should be addressed to Peter O’Connor Telephone: (02) 9264 2511 e-mail: [email protected]

Printing - Brightset, Banksmeadow, (02) 9316 4800 art & Design - P Design - [email protected] - Phone 0402 032 949

RTBU Holiday ParkVacancies for School Holiday Period

The RTBU Holiday Park is situated in Jervis Bay on the South Coast.Modern self-contained units with colour TV, microwave ovens and

accomodate families of up to 6 persons. The Holiday Park is situated in a National Park and Members can enjoy a holiday by the sea and relax with

fishing, tennis, boating, swimming or bushwalking.

For booking enquiries please telephone Ingrid at Head Office on

(02) 9264 2511 or Dept: 34432

Keep your career rollingAll job applications professionally prepared

Expertly Written Selection CriteriaContact [email protected] or Telephone 02 9319 0926

NSW BrANch head OfficeLevel 4, 321 Pitt Street, Sydney NSW 2000Tel (02) 92642511 Fax (02) 92611342Email [email protected] www.rtbuexpress.com.au

Bus and Tram Division83-89 renwick Street redfern NSW 2016Tel (02) 93197277 Fax (02) 93194341Email [email protected]

Locomotive DivisionLevel 4, 321 Pitt StreetSydney NSW 2000Tel (02) 92643400 Fax (02) 92647679Email [email protected]

Newcastle Office33 Gordon Avenue, hamilton NSW 2303Tel (02) 4961 4311 Fax (02) 4961 4779Email [email protected]

Wollongong OfficeLevel 1, 306a crown Street, Wollongong, 2500 Tel (02) 4227 5798Email [email protected]

Branch ExecutiveSecretary Alex claassensPresident Tony clearAssistant Secretary David Woollams

Elected Full-Time OfficialsBranch Secretary Alex claassens

Locomotive Divisional Secretary robert hayden

Tram and Bus Divisional Secretarychris Preston

Tram and Bus Divisional PresidentGary Way

OrganisersWollongong John curleyFreight Organisers Steve Wright Kevin PryorPassenger Organiser Bob Newham Jessica Epps

Branch Organisers Lizanne Bennett helen Bellette Mick cartwright Michael Farhat Graham Fozzard Doug Klineberg Luke hayden Education Officer Maryanne Stuartcommunications Officer Peter O’connor

Jervis Bay

Find Us on Facebook atwww.facebook.com/RTBUNSW

Page 3: 2014 Rail and Road December Edition

From the Branch Secretary

Industrial NewsEBAs Under Threat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5Members Endorse New Agreements . . . . . . . . . . . . . . . . . . . 6Industrial NotesGood News on Newcastle Dispute . . . . . . . . . . . . . . . . . . . . . 7Signal Box Visits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7PN Outsourced EA Getting closer . . . . . . . . . . . . . . . . . . . . . . 7NSW Trains Annual Leave Win . . . . . . . . . . . . . . . . . . . . . . . . 8General NewsrTBU Election results . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9Indian Pacific Drivers Thank Kathleen . . . . . . . . . . . . . . . . . 12Friends and Foes Mourn Passing of Gough Whitlam . . . . . . 14

Work / Life Balance in Decline . . . . . . . . . . . . . . . . . . . . . . . 16UK rail Unionists Share Experiences . . . . . . . . . . . . . . . . . . 16Sydney’s ‘Friendliest Bus Driver’ retires . . . . . . . . . . . . . . . 17rTBU Making headlines in 2014 . . . . . . . . . . . . . . . . . . . . . . 20Minister’s Unfounded Attack Attempt to Shift Blame . . . . . 21Last Train Out of Newcastle . . . . . . . . . . . . . . . . . . . . . . . . . 23campaign TrailSydney Alliance - Public Transport and the 2015 NSW Election .26 Safety Matterscomcare Back on the Agenda . . . . . . . . . . . . . . . . . . . . . . . 27Train Driver Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28Whistlestop . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

It is customary at this time of the year to relax a little, and to take a lighter approach to things. In our industry and in the union this respite does not seem available just yet. We have all had a long tough year, often just defending our existing working conditions, and holding our ground. This year has seen a continuous battle on this front, through negotiations for new enterprise agreements in road and rail, where our public sector members had to argue long and hard, and remain united in their negotiations with government employers who put wage increase ceilings in place and made every effort to erode existing conditions. These were accompanied by new government policy directions, and so-called ‘reforms’ resulting in the loss of jobs and members in several areas of the industry. The private sector has proven equally difficult in their approaches in recent times, with major disputes in Aurizon and other rail operators. While delegates, union activists and members affected by these battles often became fatigued, they remained united and strong and fought each and every one to the very end. We didn’t always achieve everything that we may have wanted to in these situations, but all involved can be confident and proud that they put in a solid effort to achieve the best possible outcomes for members. For example, while many members were frustrated by the negotiations for new agreements in the rail entities, when it came to voting members rallied in support of

the final proposed agreement, and voted overwhelmingly in support of the EA. The voting return sent a very clear message to management and government that our members are active and engaged in our fight for our working conditions.Beyond specific workplace issues and disputes, we have been constantly at logger heads with the Baird Government on its approaches to transport policy and decisions, and its broader attacks on public sector workers and the industrial relations system. Whether it be organising and supporting protests against cutting heavy rail in Newcastle, fighting for better security for staff and customers on the publice transport system, or drawing attention to the recent Auditor General’s report that gave the Government a very poor report card on transport, the union has been taking up the fight to defend our industry at every opportunity. To round off a long and tiring year, the Australian Electoral Commission has recently conducted elections for offices in the RTBU in NSW and nationally.The union election results have been finalised, and I would firstly like to thank members for their continued support of myself and the leadership team of Bob Hayden, David Woollams, and our newest member, President Joanne McCallum, who many members would know from her union work in the stations area. On a slightly less positive note, the relatively low

ballot return across the membership is of some concern, where for various reasons many members have simply decided not to vote in the union elections. In times such as the current political climate, and with employers being more hostile industrially, we understand that some members feel frustrated and annoyed that the union cannot always achieve outcomes that members may expect. These are precisely the times where we must all work together to achieve solidarity across our union, and that we all stand together as a united RTBU against any attacks on our working conditions or members entitlements. While we have been re-elected, this does not mean that we will take our eyes off the ball, or become complacent or less vigilant about the legitimate concerns that members have in their workplaces and in relation to the union. Our team will use the next four years to continue to listen to members concerns, explore ways that we can improve on strengthening our union in the workplace, and to provide the very best efforts to achieving reasonable outcomes for all members. For now, I'd like to thank all members, activists and delegates who have worked so tirelessly during the year to protect our interests. On behalf of the leadership team I would also extend our best wishes to all members and their families for a happy and enjoyable festive season. Merry Christmas and a Happy New Year.

In this Issue

Page 4: 2014 Rail and Road December Edition

Many of our experienced partners are NSW Law Society Accredited Specialists, so to have an initial relaxed chat with a genuinely caring and skillfull laywer about your situation, and find out what your options are from here, call your Caroll & O’Dea free LegalHelpline now...

Over 100 years of client service you can trust

Howtochoosethe rightlawyerforyou...

1800 816 559

www.codea.com.au [email protected]

Let our specialist experience be your guide:• aNegligenceClaim• aCompensationClaim• WillsorProbate• EstatePlanning Employment

• WorkHealth&Safety• AVehicleClaim• AnInsuranceClaim

or Dispute Buying&SellingProperty

The Partners of Carroll & O’Dea are pleased that a number of the partners and team from White Barnes Solicitors have joined Carroll & O’Dea Lawyers.

The framework for these considerations was based on the common goals and aspirations for clients that both firms share. White Barnes and Carroll & O’Dea have long histories of acting for members of trade unions much like the Rail Tram & Bus Union.

WhiteBarnesSolicitorshavejoined Carroll&O’DeaLawyers

Page 5: 2014 Rail and Road December Edition

rAIL & rOAD December 2014 Page 5

Many of our experienced partners are NSW Law Society Accredited Specialists, so to have an initial relaxed chat with a genuinely caring and skillfull laywer about your situation, and find out what your options are from here, call your Caroll & O’Dea free LegalHelpline now...

Over 100 years of client service you can trust

Howtochoosethe rightlawyerforyou...

1800 816 559

www.codea.com.au [email protected]

Let our specialist experience be your guide:• aNegligenceClaim• aCompensationClaim• WillsorProbate• EstatePlanning Employment

• WorkHealth&Safety• AVehicleClaim• AnInsuranceClaim

or Dispute Buying&SellingProperty

The Partners of Carroll & O’Dea are pleased that a number of the partners and team from White Barnes Solicitors have joined Carroll & O’Dea Lawyers.

The framework for these considerations was based on the common goals and aspirations for clients that both firms share. White Barnes and Carroll & O’Dea have long histories of acting for members of trade unions much like the Rail Tram & Bus Union.

WhiteBarnesSolicitorshavejoined Carroll&O’DeaLawyers

Industrial News

EBAs Under Threat

Aurizon is currently trying to overturn 13 EBAs in Queensland. The company wants to squash the agreements and send workers back onto award pay and conditions.

National Secretary Bob Nanva said the Aurizon move was the most audacious attempt at curtailing the rights of working people in Australia since the Fair Work Act was introduced in 2009.

“If Aurizon CEO Lance Hockridge gets away with it, then employers right around the country will be tempted to follow.

“Aurizon will be the first domino to fall, then we could see the same tactics at Pacific National, Transport for NSW, Metro Trains, SGS, PTA, Tasrail and so on.

“Collective agreements will be thrown out the window anytime an employer thinks they can get a better deal on the award.”

Bob said that Aurizon was taking this action with the quiet support, if not encouragement, of Prime Minister Tony Abbott and his

Workplace Relations Minister Eric Abetz.

“Abbott and Abetz want to crush the union movement and break the spirit of Australian workers.

“We cannot allow them to win with Aurizon in Queensland. Too much is at stake – not just for workers in the transport industry, but for all working people in this country.”

The RTBU is currently leading the legal defense of the Aurizon agreements in the courts, but this fight will soon become a national issue.

The Union will be consulting with members across the country to inform them of the battle with Aurizon, and to urge members to get involved with their Union to protect their enterprise agreements.

Australia’s well-established system of Enterprise Bargaining is under attack, and RTBU members are in right in the firing line.

It’s up to us to take a stand, and to defend our workplace

agreements.

Page 6: 2014 Rail and Road December Edition

Page 6 rAIL & rOAD December 2014

Members Endorse New Agreements with rail Entities and Sydney Buses

NSW Branch Secretary Alex Claassens said the negotiations for the rail entities (which also included seven other unions) was challenging, but the unions secured a good deal for members under the circumstances.

“The three-year deal that members agreed to included wage rises in excess of the State Government’s 2.5% wages cap,” Alex said.

“We were able to secure wage rises of 3% in the first year, followed by 3.1% and 3.2%.

“We were also able to secure a Deed containing a trial of saliva-based drug testing, and maintenance of job guarantee provisions for 12 months. Voluntary

redundancy incentives will also be extended until 30 September 2017.”

When you consider recent wage decisions such as the Federal Government offer of a 1.5% wage increase to defence personnel, we are reminded that the wage caps set by Federal and the NSW Government are intended as maximum wage increases. To negotiate increases above these limits is a good outcome.

Meanwhile, Sydney Buses bus drivers also voted overwhelmingly to endorse a new three-year agreement that retained all existing Award conditions and included an annual 2.5% wage rise.

Two major EBA negotiations have been successfully completed, with members voting to endorse new agreements with Sydney Buses and the NSW Government rail entities (Sydney Trains & NSW Trains).

Merry Christmasand a

Happy New Year

The RTBU Executive, Officers and Staff wish all Members a

Page 7: 2014 Rail and Road December Edition

rAIL & rOAD December 2014 Page 7

Industrial Notes

Fair share of the jobs: good news out of NewcastleSome good news out of Newcastle – the long running dispute over the allocation of shed jobs at the Newcastle depot has been finally resolved.The Loco Division has been successful in making sure that all known work is incorporated into the Newcastle main roster and that it is fairly and equitable shared among employees.Management did flag however that they will undertaking a review of this working once the temporary truncation process is established at Hamilton. This will obviously require consultation with the Newcastle Loco Delegates.

Meetings get closer with FreightLiner coal AgreementIt’s been a long running saga, but its finally looking as though we’re edging closer to an enterprise agreement at Freightliner.There are a few key items still on the table, such as the term of the agreement, but the meetings of the past couple of weeks have left us confident of reaching an agreement with the company in the very near future.It certainly hasn’t been an easy journey to this point. After a long, drawn out negotiation period, the company decided to go to workers with an offer we said was inferior. Not surprisingly, the workers rejected it. Since then, we’ve been exploring every avenue possible in order to reach an agreement that provides member with the pay and conditions they deserve – even holding protected industrial ballot of members.Our persistence hasn’t quite paid off yet, but we’re getting closer.

The Pacific National Port Kembla Outsourced E.A negotiations are still continuing, but we are almost there after more than 12 months of talks. At this stage the only outstanding issue around the Discipline Measures clause, where the RTBU is seeking to have the same protection that is in other E.A's. That is, if an employee is given a warning, written or verbal, then after 12 months it is removed from the employee's file.Other clauses that have been agreed include the following;* 3% wage increase for each year of the three year

agreement plus $500 sign on payment for the first year

* Removal of restrictions around the requirement to when a medical certificate is needed

* Inclusion of Level 12 Driver classification* Payment for Public Holiday at rostered hours while

on Annual Leave* Protection of RDO's on the working roster* Minimum overtime shift of 4hours (currently no

minimum)* Payment of superannuation whilst on workers

compensation

Port Kembla Outsourced Agreement Crawling to Conclusion

Signal Box Visits EA Coverage – Nice Try, but it won’t FlyThe Signallers Sub-Division executive have been out

and about visiting a number of boxes and speaking to members. The Signal Box visits occur on a monthly basis with the locations visited rotated around. Between October and November there were visits to a number of boxes and complexes. The issues that were raised repeatedly were the impact of Train Control Decision Capture (TCDC) on Line Information Control System Operators, discussions about the newly announced Rail Operators Centre (ROC) project, pay issues and WHS concerns. This is a great way for the Signallers Sub-Division representatives to have discussions with the membership to ensure that any concerns raised during the visits are represented and accordingly addressed by Sydney Trains.

There are several EAs in place across Pacific National. There are clauses in each of the agreements which allow for continued coverage in case of a restructure or the formation of a new business unit. This coverage continues until a new agreement is negotiated.Recently PN began advertising support roles in its new business units, however the RTBU believes PN failed to follow EA requirements to advertise the position levels and to identify what EA the roles were covered by. A dispute was then lodged by one of our Delegates. PN has now claimed that only current employees are covered by an EA, and therefore new position are not covered. The RTBU strongly disputes this, and has escalated the dispute.

Page 8: 2014 Rail and Road December Edition

Page 8 rAIL & rOAD December 2014

Where’d those 10 hours go?

Signallers and Transport Officers fight for a common cause

NSW Trains annual leave winWe’ve had a win on annual leave for Drivers at NSW Trains.The RTBU Locomotive Division met with NSW Trains in October in relation to the Step 3 annual leave dispute that was lodged two weeks earlier. The union had been made aware that Drivers were being shortchanged on annual leave as it was being calculated in hours instead of five calendar weeks.NSW Trains conceded that annual leave is to be rostered as per a calendar week (i.e. 5 calendar weeks = 25 days) and

not as per the master roster. They have also acknowledged that it should be counted as weeks and not as 190 hours at 8 hours per day, meaning that all annual leave will be rostered as 25 days at 7.6 hours, totalling 5 calendar weeks.We were also assured that those who are currently on annual leave will have their leave adjusted so that they have the full 5 calendar weeks off for their annual leave. NSW Trains acknowledged that, whilst they have no immediate plans to amend the way in which annual leave is rostered, they must first consult with the affected employees.

On Wednesday 12th November the RTBU attended the Fair Work Commission (FWC) for a report back regarding the Absent Management Dispute lodged by the Signallers Sub-Division and joined by the Transport Officer Sub-Division. The grounds of the dispute were:1. Timeframes used for the purpose of absent management should be over a calendar year. Sydney Trains believe the timeframes should be over a rolling year. 2. The RTBU believes the intention of the absent management process is to assist the employee with the absences. It is also an opportunity for Sydney Trains management to recognise many factors, other than genuine illness, which may cause an individual to take sick leave, including family and financial commitments. 3. The RTBU has been made aware that several members have been placed on attendance management

programs incorrectly, this is often despite the fact members have provided medical certificates for authorised absences or after having improved their attendance.4. In the event an employee declines an overtime shift the absence would not be counted as an absence for the attendance management purposes where they are not being paid sick leave. This is supported by a document issued to Unions NSW from RailCorp dated 6th July 2010. During the discussions, Sydney Trains agreed to revisit some of the attendance management plans that were issued in the past. In addition, Sydney Trains acknowledge the letter dated 6th July 2010 addressed to Unions NSW. However, it must be noted during the report back it was obvious that the RTBU and Sydney Trains could not reach common ground on some of the issues of the dispute. These were:• Calendaryearvs.rollingyear

• EnsuringSydneyTrainscomplywith Clause 28.10 Attendance management of the Sydney Trains Enterprise Agreement. This matter will be going to the FWC for arbitration on a date that is to be listed.

Aurizon Coal’s move to strip workers of 10 hours of annual leave has forced the RTBU to lodge a dispute over the issue.The union met with management in mid October in an attempt to

discuss alternative plans, however the company refused to discuss the issue in good faith which left the RTBU with no choice but to instigate the dispute process.The Fair Work Commission was due

to hear the dispute case on Thursday 13 November, however the company forced the case to be pushed back to Wednesday 19 November.

Stay tuned for info as this develops.

Paul Cant – Delegate Homebush Control Centre, Craig McCall

Signaller Sub-Division, Peter Olsen, President, Transport Sub-Divisiom,

and Terry Cameron, Secretary, Transport Sub-Division, and RTBU

Organiser Mick Cartwright

Page 9: 2014 Rail and Road December Edition

rAIL & rOAD December 2014 Page 9

The following is a summary of the RTBU election results available from the Australian Electoral Commission, at the time of printing for NSW Branch Offices - a number of results are still to be declared. A full list of all election results will be published on the union websiteas soon as they are available.

General News

RTBU NSW Election Results 2014

Union Office Elected Person/sNSW Branch OfficesBranch President Joanne McCallumBranch Secretary Alex ClaassensAssistant Branch Secretary (Rail) Robert HaydenAssistant Branch Secretary (Road) David WoollamsAffirmative Action (Woman) Delegate to Branch Council (Rail Divisions) Julie PuttockAffirmative Action (Woman) Delegate to Branch Council (Tram and Bus Division) Narelle SinclairNSW Administrative, Supervisory, Technical and Professional DivisionDivisional President Mark ThompsonDivisional Vice President To be declaredDivisional Secretary Greg CameronDivisional Delegate to Branch Council (Metropolitan District – 2 positions) To be declaredDivisional Delegate to Branch Council (Northern District) Greg CameronDivisional Delegate to Branch Council (Western & Southern Districts) To be declaredDivisional Delegate to Branch Council (State Transit) Robert LawNSW Fleet Manufacturing, Overhaul, Maintenance and Services DivisionDivisional President Michael BartlettDivisional Vice President Stephen HolmesDivisional Secretary David HastieDivisional Delegate to Branch Council (metropolitan) – 2 positions Mark Church

Nyssa ParsonsDivisional Delegate to Branch Council (Northern, Western & Southern District) Clarrie EdwardsNSW Locomotive DivisionDivisional President Brett RosserDivisional Vice-President (Freight) David MathieDivisional Vice-President (Passenger) John SotiriouDivisional Secretary Robert HaydenAssistant Divisional Secretary (Freight) Mark SuppleAssistant Divisional Secretary (Passenger) Andrew HoltDivisional Delegate to Branch Council (Metropolitan – 3 positions) Shan Rathinam

Wayne PallantLuis Heredia

Divisional Delegate to Branch Council (Northern District – 2 positions) Nick KraniasBen Francis

Divisional Delegate to Branch Council (Western District) Trevor BondDivisional Delegate to Branch Council (Southern District) Bruce WootenNSW Infrastructure DivisionDivisional President Michael SullivanDivisional Vice President Khaled Sakr

Page 10: 2014 Rail and Road December Edition

Page 10 rAIL & rOAD December 2014

Divisional Secretary James BuckleyDivisional Delegate to Branch Council (Metropolitan – 2 positions) Tarvinder Panesar

Kerry WilliamsDivisional Delegate to Branch Council (Northern) Scott WilsonDivisional Delegate to Branch Council (North Coast) VacantDivisional Delegate to Branch Council (Western) Andrew WillettsDivisional Delegate to Branch Council (Southern) VacantNSW Rail Operations DivisionDivisional President Glennda BlythDivisional Vice President Paul CantDivisional Secretary Craig TurnerDivisional Delegate to Branch Council (Metropolitan – 4 positions) To be declared Divisional Delegate to Branch Council (Northern) Darryl EtheringtonDivisional Delegate to Branch Council (Western) To be declaredNSW Tram & Bus DivisionDivisional President Gary WayDivisional Secretary Chris PrestonDivisional Delegate to Branch Council (5 positions) Leon Barnard

Michael De MeoMark DeloheryAshish SarkerAndrew West

OUR TRANSPORTThe RTBU has joined forces with seven other

transport unions to launch the Our Transport

campaign calling for a public transport system

that is safe, reliable, clean and affordable.

Our Transport calls for an end to slashing staff,

outsourcing services, cutting security and

underinvesting in the system, if NSW is to achieve

a public transport system we can all be proud of.

The campaign website will also house information

for members on the rail enterprise agreement

negotiations and the bulletins that the combined

unions team put out after each meeting with

management.

You can check it out at www.ourtransport.org.au

Call 1300 650 873 or visit firststatesuper.com.au

Consider our product disclosure statement before making a decision about First State Super. Call us or visit our website for a copy. FSS Trustee Corporation ABN 11 118 202 672 ASFL 293340 is the trustee of the First State Superannuation Scheme ABN 53 226 460 365.

At First State Super we believe all Australians deserve a comfortable retirement. To join the super fund that puts members first call us or visit our website today.

A rewarding career deserves a rewarding retirement

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Page 11: 2014 Rail and Road December Edition

Call 1300 650 873 or visit firststatesuper.com.au

Consider our product disclosure statement before making a decision about First State Super. Call us or visit our website for a copy. FSS Trustee Corporation ABN 11 118 202 672 ASFL 293340 is the trustee of the First State Superannuation Scheme ABN 53 226 460 365.

At First State Super we believe all Australians deserve a comfortable retirement. To join the super fund that puts members first call us or visit our website today.

A rewarding career deserves a rewarding retirement

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Page 12: 2014 Rail and Road December Edition

Page 12 rAIL & rOAD December 2014

Indian Pacific drivers thank Kathleen who waved Aussie flag at train for 30 years

Slicing 4362km across the nation, the famous Indian Pacific train holds a special place in the hearts of Australians.

The famous train holds a special place in Mrs Payne’s heart because her late husband Edward was aboard on its maiden journey in 1970.

Steve Stickney, in the Inner West Courier, tells that almost a quarter of a century ago Mrs Payne took her two-year-old grandson Harry to Redfern station near their home to see the train chug past on its way to Perth.

Harry was captivated by the spectacle so they went back to wave to the drivers every week, eventually taking up a prominent spot at the end of the platform waving a huge Australian flag.

To their delight, the drivers began to toot their appreciation as they whizzed by.

But when little Harry reached about the age of nine, he took her aside and confided: “Grandma, I’m getting a bit too old for this”.

Mrs Payne was taken aback but decided to continue herself, even after the family moved to Croydon. For more than 30 years – rain, hail or shine – Kathleen Payne would stand on the platform at Croydon station and wave an Australian flag as the Indian Pacific train roared past.

Then, early this year she stopped going to the station and the drivers became concerned for her welfare.

One called the Inner West Courier to see if we could help find her. With help from “Joe” at Croydon station and some railway “family”, we located Mrs Payne.

On Saturday 15 November two of Mrs Payne’s sons, Andy and John, brought her to Central station on the pretext of having lunch.

On 17 November, the Inner West Courier newspaper told the story of Kathleen Payne, 87, was taken by surprise when her son brought her to Central Station for a special presentation by train drivers.

Page 13: 2014 Rail and Road December Edition

rAIL & rOAD December 2014 Page 13

But she was dropped off at Central’s CountryLink platforms and presented with flowers and some special Indian Pacific souvenirs by Maurice Bezzina, one of the hundreds of drivers who missed her quirky appearance at the beginning or end of the marathon three-day trek across the continent.

Then Mrs Payne was ushered aboard a train and taken to an unscheduled stop at Croydon where more drivers – some from as far afield as Queensland, Lithgow, Newcastle and the Central Coast – waited to greet her and make another presentation.

“I’m still in shock. I don’t deserve this. I just enjoyed seeing the train. You don’t know how much pleasure I got from that little toot,” she said, wiping away her tears.

Driver Trainer Denise Sclater presented a special book of thanks from the drivers and a poster reading: “Thank you, Kathleen”.

Son John said his mum was obsessed with the train.

“Sometimes we’d be in the backyard at home in Croydon and hear the Indian Pacific whistle and think ‘yep, they’ve seen mum’.”

Late in the afternoon as Mrs Payne sat at the end of Croydon railway station and driver Denise Sclater made another presentation in front of a special Thankyou Kathleen banner, almost every passing train tooted its whistle or flashed its lights.

Train driver Julie Puttock was among those who met to thank Kathleen Payne on Saturday 15 November, also had this to say about the event and meeting a very inspirational lady. This meeting was organised by driver trainer Denise Sclater from Newcastle depot, who about 7 months ago started looking for the lady who used to stand at Croydon station when the Indian pacific would come in to Sydney from Perth and when it used to leave to go to Perth and used to wave the Australian flag. I know all the railway family would remember this beautiful soul and would bring a smile onto our face when we would blow our whistle to her and she would wave her flag for us even though we were not the Indian. She would always reply with a wave of the flag and a smile…” She (Kathleen) would ring Lithgow and ask if her train was on time and then she would make her way to the station and wait for the Indian to come through. On Saturday 15 November the Indian Pacific left Sydney for the last time on a Saturday and the surprise was that Kathleen was to come into Sydney and wave it out from there instead of her usual perch at Croydon. Kathleen's son

John had organised to have lunch with her in town and the suggestion was made to go and see the Indian leave from Sydney.

We met Kathleen and she had some pics taken in front of the Indian and Kathleen was presented with some flowers and a gift from one of the loco drivers as a thanks from Great Southern Railway and Kathleen waved the train away. Denise had also organised for the 15:45 to Wyong to make a additional stop at Croydon to let Kathleen off. There was a change on the indicator board and Croydon was added in and there was a special announcement by the guard to announce the stop for a very special customer. Once the train arrived at Croydon we got off the train and there was a special presentation made by Denise and a special banner to thank Kathleen. She was very surprised by all the fuss that had been made over her. It was done just to show her appreciation for all the smiles that she had given all of us at sometime or another. Special thanks to Denise, who did a wonderful job organising the surprise for Kathleen and all the hard work she put in to make the day happen.

Driver Trainer Denise Sclater thanking Kathleen Payne

Train drivers Julie Puttock, Warren Thorne and Ray Gardiner with Mrs Payne

Page 14: 2014 Rail and Road December Edition

Page 14 rAIL & rOAD December 2014

Friends and Foes Mourn the Passing of Gough Whitlam

On October 21 most of Australia paused, drew a deep breath or shed a tear, bewildered and stunned at the news that former Prime Minister Gough Whitlam had died at the age of 98. The general cross generational sense of loss and mourning was palpable – a sentiment not usually reserved for past political leaders. The nation had lost one of its most revered elders.

"Men and Women of Australia! The decision we will make for our country on 2 December is a choice between the past and the future, between the habits and fears of the past, and the demands and opportunities of the future. There are moments in history when the whole fate and future of nations can be decided by a single decision. For Australia, this is such a time." (Whitlam, delivering Labor Policy speech in November 1972, at Blacktown Civic Centre)

While it is understandable that some of us old hacks would fondly remember the brief, tumultuous events around the Whitlam Government, the hope that surrounded the 1972 election with the ‘Its Time’ slogan, to end 23 years of conservative government, the reforms of the time that ingrained so many aspects of civic life that we now take for granted, and the anger at the ‘sacking’ of the Government. Many of my generation were radicalised into a more active political engagement as a result of the Whitlam Government, and have spent much of our careers defending the major reforms of that era. However, what is perhaps more surprising and endearing is the impact that Gough Whitlam and his government have had on subsequent generations. Young people on the streets expressing sorrow at the

passing of a Prime Minister that they didn’t know directly, but somehow they knew of him and held him in high esteem.

“Dying will happen sometime. As you know, I plan for the ages, not just for this life.” The plan and vision seems to have worked, as the tributes that poured in for E.G Whitlam testify. With one or two notable exceptions, public commentators, political and civic leaders, were desperately scouring the length and breadth of the English language to find better words than dignity, respect, intellect, vision, or leadership in an attempt to come close to a description of the emotions and legacies that attached to Gough Whitlam.

The State Memorial Service held at Sydney Town Hall attended by NSW RTBU Branch Secretary Alex Claassens, was packed inside and out by those wanting to farewell the ‘great man’. Multitudes of others watched the service on their televisions in public places or quietly in the privacy of their homes. The fact that the program of the service was structured in a way that political leaders were assigned a passive role, while others

representing the main facets of Whitlam’s life and work were given the stage. In the words of actor Cate Blanchett, the ‘recipients’ or ‘beneficiaries’ of Gough Whitlam’s policies and passions were afforded the opportunity to share those legacies. We were powerfully reminded of just how much the Whitlam era contributed to a way of life and set of expectations, that most hold dear today. As Ms Blanchett put it ' I was but three when he passed by but I'll remember him 'til the day I die.' The range and depth of Whitlam’s vision for a better Australia was revisited as people spoke of changes made to the health care, education and social service areas. Indigenous rights, women’s rights and family law were highlighted. The extent of the reforms implemented into public and civic life by the Whitlam Government was also a timely reminder of just how much can be achieved in a short timeframe by a Government with a will and commitment to change. Only some of the main changes and legacies of the Whitlam Government are summarised here, but members would be well served to search out and review the more comprehensive

Editorial: The views expressed are those of the editor and do not neccessarily represent the view of the RTBU NSW Branch

Page 15: 2014 Rail and Road December Edition

rAIL & rOAD December 2014 Page 15

reforms that are well documented.

Senator John Faulkner reminded the nation of the values and concepts that underpinned Whitlam’s vision. "As he himself said, those wonderful words he asked me to remind you of here today: That grand vision, to prevail equality, to involve the people of Australia in the decision-making processes of our land and to liberate the talents and uplift the horizons of the Australian people."

As many of Whitlam’s reforms continue to come under attack from current governments, the general population can be thankful that most have endured for 40 years, and that many will continue to endure as lesser governments come and go. We shall continue to fondly remember and extend our gratitude to Gough Whitlam well into the future.

When sworn in as Prime Minister on 5 December, 1972, Whitlam said of his newly elected Government:“Our thinking is towards a more independent Australian stance in international affairs and towards an Australia which will be less militarily oriented and not open to suggestions of racism, an Australia which will enjoy a growing standing as a distinctive, tolerant, co-operative and well- regarded nation not only in the Asian and Pacific region but in the world at large”.Some of the achievements are summarised here:1. Abolished the White Australia Policy and passed the

Racial Discrimination Act, ushering in a new era of multiculturalism for Australia.

2. Made The Pill affordable and accessible, by removing the tax on contraceptives, and providing as pharmaceutical benefits.

3. Implemented free higher education, making hundreds and thousands of Australians the first in their family able to go to university.

“Poverty is a national waste as well as individual waste. We are all diminished when any of us are denied proper education. The nation is the poorer – a poorer economy, a poorer civilisation, because of this human and national waste”. (Whitlam 1969 election speech)4. Legislated for no-fault divorce, so women could

chose to leave an unhappy marriage without being financially burdened.

5. Legislation abolishing conscription and the death penalty. Within one week of taking office, announced the withdrawal of Australian troops from Vietnam.

"I do not for a moment believe that we should set limits on what we can achieve together for our country, for our people, for our future." - (From Whitlam’s 1972 ‘It’s Time’ election speech).

6. Introduced Medibank (now Medicare) to allow universal healthcare for all Australians. Without this historic reform 1 in 5 Australians would be unable to afford basic access to GPs or hospitals.

7. Championed Aboriginal land rights, returning land to the Gurindiji people of the Northern Territory. Implemented measures for involving Australia’s Aboriginal people directly in policy making and establishing free Aboriginal legal services.

"Vincent Lingiari, I solemnly hand to you these deeds as proof, in Australian law, that these lands belong to the Gurindji people and I put into your hands this piece of the earth itself as a sign that we restore them to you and your children forever". ( August 16, 1975, as he handed the Gurindji people at Wattie Creek in the Northern Territory title deeds to traditional lands).8. Reopened the equal pay case, championing the

rights of women to work and be fairly compensated. Provided maternity leave for Commonwealth employees.

9. The first Western leader to visit China and make relationship with Asia a priority. This decision and those which flowed from it have been responsible for much of Australia’s economic and trade prosperity in the years since.

10. Whitlam established the National Gallery in Canberra, doubled funding to the arts, introduced legislation to form the SBS, and created the Australia Council for the Arts.

On his 80th birthday Whitlam was asked about any possible future meeting with God. His response:

“You can be sure of one thing, I shall treat Him as an equal.”

Summary Achievements of the Whitlam Government

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Page 16 rAIL & rOAD December 2014

Study finds Work/life balance in Decline

Cost-cutting, privatisation: Sharing experiences for stronger unions

Released in November, The Australia Institute's "Walking the Tightrope: Have Australians Achieved Work / Life Balance" report says the balance between work and life had worsened for 4.9 million (or 42%) of workers over the past five years, and had improved for 3.4 million (29%).The study says the problem is linked to longer working hours, and unpaid overtime in particular.It says Australians "donate" almost $110 billion through 58.8 million hours of unpaid overtime every year, representing 14.7% of all hours worked, which it claims is "more than twice the hours required to provide employment for unemployed Australians".Nearly half (46%) of those who have experienced deterioration in their work/life balance put it down

to longer working hours, while 27% nominated job insecurity as a contributing factor.Restrictions on changing jobs (22%) or moving to another job (21%) were also commonly cited reasons for the decline, the study says.The report states that employees are not willing to suffer a drop in pay to improve the situation. It says 75% would be unlikely to reduce their pay and 56% did not favour rostering a portion of their annual leave as a fixed day off."A conflict exists between the reduced hours and flexibility that people desire and the unwillingness that many people have to reduce their pay. It appears that financial factors are the key restraint to improving work/life balance at an individual level."

"For instance, there is an attitude that most people cannot afford work/life balance (64 per cent), it is only for those with secure work (53 per cent) and it is diffcult to achieve in today's economy (71 per cent). Similarly, more than a third of people (35 per cent) believe achieving work/life balance would harm their career," the report says.The report says work/life balance is a measure of how much work interferes with an employee's time to engage with life and complete the accompanying responsibilities."Do people have enough time to maintain social and community connections? Does work compete with caring responsibilities? Are you able to make time for medical appointments? Is your lunch break a race to complete errands that you do not have time for after work?"

The work/life balance of Australian employees has deteriorated in the last five years, and the national unemployment rate could be reduced to zero by redistributing unpaid overtime hours, according to a new study.

The Loco Division has shared experiences with representatives of the two British rail unions which represent British Train Drivers, about the challenges of dealing with hostile conservative governments, privatisation and cost-cutting.Mick Whelan and David Calfe from ASLEF and Derrick Marr from the RMT attended last week’s Divisional Council to talk about the fallout from years of privatisation starting with the Thatcher government in the

1980s through to the current time.The British unionists said privatisation had devastated the network and strong unions were essential for maintaining fair conditions for drivers.It was apparent to all Delegates that Train Drivers face the same issues irrespective of the Country and that the NSW Locomotive Division is committed to ongoing information exchange with UK, New Zealand, Japanese and Asia Pacific Unions which represent Train Drivers.

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rAIL & rOAD December 2014 Page 17

Sydney’s ‘friendliest bus driver’ to Retire after 54 Years

After 54 years driving and conducting buses David Thomas knows Sydney roads like the back of his hand.But it’s not his local knowledge that makes him a firm favourite with passengers.Mr Thomas,73, of Artarmon has forged a reputation as one of Sydney’s friendliest bus drivers, brightening up the day of each passenger who climbs on board with his beaming smile.He begins with a friendly approach to each new customer.“Everyday after that they smile back,” he said. “You don’t get too many smiles today but we try,” he said.“It’s a nice attitude to have.”The affection for the veteran bus driver among passengers is so great that he receives gifts and cards when he changes bus route, according to Willoughby Bus Depot manager Jay Zmijewski.“It’s not only about driving buses, he genuinely cares about the community,” Mr Zmijewski said.“His positivity rubs off on all those around him.”By the time Mr Thomas clocks off for the last time on December 5, he will have worked full-time from 1960 (as a 19 year old bus conductor) until 2004 before going part-time a decade ago.He worked as a bus conductor for the next two years after which he switched to the driver’s role. In the late 1980s he became a bus assessor, training new drivers over the next 15 years.“I’ve loved the job right from the beginning,” he said.“I felt very well-rewarded knowing I taught the new drivers everything.“That made me feel really good.”After a career spanning more than half a century,changes to the bus transport industry and wider society have made today a “different world” according to Mr Thomas.“Everybody coming into work had a smile on their face,” Mr Thomas said.“It was more relaxing in those days because there were conductors so the pressure was off the driver and all he had to do was worry about the road rules.”“Public relations were great and there were very few arguments with passengers.”In the 1970s, Mr Thomas was involved in strike action against Transport Department’s move to abolish conductors.The lengthy strike left him without wages for six weeks, which he said were around $15 a day around that time.

The strike ended with a $50 weekly pay rise offer.While the abolition of bus conductors has been a major change over his time as a driver, he said the buses themselves have gone from being completely manual, double decker buses with two conductors on each, to today’s fully automated, cashless ticketing systems.“Things started to change in the early 90s when people had more responsibilities at work,” he said.“The humanistic side of things began to drift away.“In the early days, you would actually talk to the passengers and there was a definite friendship among passengers and people weren’t on their phones.”It is Mr Thomas’ second attempt at retirement, the first being 13 years ago. This time, he intends to call it quits.With his five children in four different towns in NSW and another in Perth, Mr Thomas plans to take turns visiting them and the seven grandchildren they have between them.The move will also mark leaving the north shore to relocate to Perth, with one of his sons, where he said he will pursue his passion for model trains.Work colleagues and friends join with David’s many passengers in wishing him all the very best in retirement, and many thanks for his friendly service over so many years.

The North Shore Times recently described retiring bus driver, David Thomas as ‘Sydney’s friendliest bus driver’

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Page 18 rAIL & rOAD December 2014

The ACTU is seeking in the FWC's four-yearly review of modern awards to introduce an across-the-board entitlement to 10 days a year of paid family and domestic violence leave.The peak body in an application lodged with the FWC in late October, is seeking the 10-day paid entitlement for permanent employees, and a 10-day unpaid entitlement for casuals.It says employees would be able to use the leave for purposes such as attending court and related appointments, seeking legal advice and making new living arrangements.Unions also want the FWC to extend the scope of the right to request flexible work under s65 to employees experiencing domestic violence.The ACTU is also seeking to specify processes for supporting employees and ensuring applications for leave are properly handled, by:a. setting out requirements for evidence and notice for

applications for family and domestic violence leave;b. outlining arrangements for appointing workplace

contacts to handle leave applications and requests for changes to working arrangements;

c. clarifying the role and responsibilities of the contact person to whom employees can disclose domestic violence;

d. establishing processes and procedures to ensure confidentiality for employees who disclose domestic violence;

e. addressing any mandatory reporting and Privacy Act obligations;

f. ensuring adequate training and support for contact people; and

g. extending protections under the Fair Work Act's adverse action provisions to employees who exercise or propose to exercise a workplace right.

The ACTU says more than 1.6 million employees have an entitlement to paid domestic violence leave, through clauses in agreements or state awards.It says more than two-thirds of the 400,000 people – mostly women – who experience domestic violence each year are in paid jobs.The application lodged today follows the work, life and family policy passed by the ACTU's 2012 Congress that called for "dedicated additional paid leave" of 10 days a year for workers experiencing family or domestic violence.The policy also sought a new ground of discrimination in anti-discrimination statutes to protect workers experiencing domestic violence, and new protections under the Fair Work Act's adverse action provisions.

FWC to consider ACTU domestic violence leave clause

RTBU Express Website

www.rtbuexpress.com.au

For more information, contact Don McKechnie

on 0409 813 643 or the union office on (02) 9264 2511

Join the RTBU Retired Members

Association

Page 19: 2014 Rail and Road December Edition

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Page 20: 2014 Rail and Road December Edition

Page 20 rAIL & rOAD December 2014

RTBU making headlines 2014The RTBU has worked tirelessly this year to bring our concerns to the public through the media.We have told the stories that are important to our members and responded to attacks on our conditions and on public transport.Every single month in 2014 the RTBU has been in the media campaigning for its members and the travelling public. Here are just a few highlights.Safety was big news this year as the union exposed the many cuts to security. When the government cut spending on train security, we made sure we were in the news fighting for a safer workplace for our members and all public transport passengers. As the State Government continued its privatisation and cost-cutting

agenda, the union made sure job cuts affecting members were in the news and that the public knew how this would affect them. For example, as the Opal card rolled out the union made sure that delays caused by ticket seller job cuts were in the headlines.As bus and rail cleaning, rail investigations, rail maintenance and the North West rail link were subject to privatisation or privatisation plans, the RTBU were loud and clear on the news warning about the dangers of privatisation.Drug and alcohol testing has also been a big focus for the union this year and our push for swab testing, as opposed to urine testing, which we pushed hard in the media has paid dividends recently with the new

enterprise agreements containing clauses ensuring that swab testing will be the means by which alcohol and drug impairment is tested. Your union also fought for more transport jobs – we made sure commuters knew about the dangers of driverless trains and got good coverage of our campaign for more and better bus services.And that’s just a snippet of the action. It’s been a big year and there were many more headlines generated by your union, and there will be plenty more to come. You can see them all on RTBU Express.

Page 21: 2014 Rail and Road December Edition

Minister’s unfounded attack an Attempt to Shift BlameThe Auditor General released its report into our transport system this week – and the results weren’t very flattering for the Transport Minister.

The report found that complaints about our train services had skyrocketed, with complaints about timetabling alone jumping by close to 1000% compared with last year’s figures.

The other areas in which complaints have soared are security, information, and ticketing – hardly surprising given the huge job loss in security and ticket seller jobs.

The RTBU hit out in the media, saying that the Minister’s job cuts have led to a clear decrease in customer service. RTBU Secretary Alex Claassens said “to slash ticket seller positions at a time when a completely new ticketing system was being introduced defies logic. Then to make matters worse, the Government has completely refused to allow station staff to have anything to do with the new ticketing system.”

“Its no coincidence that complaints have skyrocketed in the areas where jobs have been lost” Mr Claassens said.

In response to the RTBU’s media comments, the Transport Minister launched a disgraceful and unfounded attack on train drivers, suggesting that drivers are sitting around twiddling their thumbs instead of driving trains.

As we told the media, the Minister knows just as well as we do that that this is blatantly untrue. We work to schedules which are computer generated, and as for the fact that "part of [drivers] employment agreement mandates they inspect trains before they drive them" - of course it does!

We're not sure about the Minister's views, but we believe the safety of the travelling public is the most important thing at the end of the day.

The Minister’s attack was a cheap shot with no substance at all. It is simply an attempt to deflect attention from the poor job that the Minister and the Government are doing in transport.

As one of our members said on Facebook of the statistic that the Minister is using inappropriately:

“I believe they count time actually driving, and nothing else. Drivers on leave, in training, on secondment, injured, sick, off the road, signing on and off, prepping, stabling, walking, meal breaks, standby, report - versus driving,” are not taken into account.

The Minister can use the tired old shift the blame approach as much as she likes, the truth is the Auditor’s General report is a poor report card on her stewardship, not on train drivers.

Rail Tram and Bus Union2014/2015 Festive Season Office Hours

The Rail, Tram and Bus Union, Pitt Street Office, will be attended as follows:-Monday, 22rd December 2014 Normal Hours

Tuesday, 23th December 2014 Normal Hours

Wednesday, 24th December 2014 8.00am - 12.00pm

Thursday, 25th December 2014 CLOSED

Friday, 26th December 2014 CLOSED

Saturday, 27th December 2014 CLOSED

Sunday, 28th December 2014 CLOSED

Monday, 29th December 2014 8.30am - 4.30pm

Tuesday, 30th December 2014 8.30am - 4.30pm

Wednesday, 31st January 2015 8.30am - 1.00pm

Thursday, 1st January 2015 CLOSED

Friday, 2nd January 2015 Normal Hours

Normal Union Office Hours are 8.00 – 16.30.

The RTBU Executive, Officers and Staff wish all Members a

Merry Christmas and a Happy New Year

Page 22: 2014 Rail and Road December Edition

Page 22 rAIL & rOAD December 2014

NSW employees entitled to annual leave while on workers' compensation: Court

In November, Judge Sylvia Emmett ordered Anglican Care to pay an aged care employee nearly $3,000 after finding that the NSW Workers Compensation Act "permitted" the accrual of annual leave under s130(2) of the Fair Work Act.Represented by the NSW Nurses and Midwives' Association, the employee was on workers' compensation payments from December 2009 until her employment ended in May 2011.Under s49 of the NSW Act, workers are paid compensation even if they are entitled to receive a "payment, allowance or benefit for. . . annual holidays".

Judge Emmett said that while the NSW Act did not create a "right" to receive annual leave payments while on workers' compensation, it provided the "opportunity" for a worker to receive both benefits."In that sense, on a beneficial construction, s49 permits receipt of those payments by the worker. The Fair Work Act provides to the worker the benefit of the accrual of annual leave," she said.In line with a recommendation of the former Labor Government's Fair Work Act Review, the Coalition's Fair Work Amendment Bill provides that employees do not accrue annual leave

while on workers' compensation The House of Representatives passed the Bill on August 27.It transferred to the Senate on that day, but has not been debated by the upper house since its introduction.The Fair Work Act review panel said in June 2012 that advice from the FWO indicated that only Queensland and Tasmanian workers compensation laws unequivocally permitted the accrual of annual leave.The panel said then that the situation in other jurisdictions was unclear.

The Federal Circuit Court has ruled that NSW employees on workers' compensation are entitled to accrue annual leave under the Fair Work Act, a situation that will be reversed if the Senate passes the Abbott Government's amendments to the federal legislation.

Must be a member of both Encompass Credit Union and the Rail, Tram and Bus Union to be eligible for benefits. Fees, charges, terms, conditions and credit criteria apply. Rate Reductions and No Establishment Fee offer are not to be used in conjunction with any other offers. Visit www.encompasscu.com.au for full details. Encompass Credit Union Limited. ABN 43 087 650 011. AFSL and Australian Credit Licence Number 238 426. Registered Office: 59 Buckingham Street Surry Hills NSW 2010.

DID YOU KNOW Encompass offers an exclusive package for RTBU Members?

The RTBU home loan package gives you the flexibility of tailoring your loan to suit your needs. You can enjoy special rate reductions on home loans, car loans, personal loans and credit cards plus no establishment fees, free redraw and much more!

For more information visit www.encompasscu.com.au/rtbu or talk to our home lending specialists on 13 13 61 and find the home loan that is right for you!

Have You Left the Industry? Retired? Or No Longer Want to be in the Union?

If you have left the industry, permanently or for a period, have retired, or are off work due to illness, or no longer want to be a member of the RTBU, you must resign, or suspend your union membership, in writing.Our union rules provide that members leaving the union for whatever reason, must do so in writing. If you do not resign in writing, you will continue to be included on our union membership and liable for the dues owing for that time.

Please note: Regardless of whether your union dues were paid by direct debit or through payroll deductions, the employer is not authorised to change your membership details after resignation or leaving the union. You must do this personally.

Please contact the membership office at the union for more information.

Page 23: 2014 Rail and Road December Edition

rAIL & rOAD December 2014 Page 23

Steam trains travelled on the Newcastle line over the weekend of 15 & 16 November, with RTBU Secretary Alex Claassens working one of the engines, weekend to mark the 85th anniversary of the express passenger services between Sydney and Newcastle, and will be the last steam train to travel on the line due to NSW government's absurd decision.Newcastle Trades Hall has advised that a comunity rally will be held over the Government's decision to close the line.The Community rally will be held on December 14th 2014 at Enterprise Park @11am. The rally will march to Wheeler Place for speeches. We encourage members and activists to attend the community rally and protest the Government's decision to close the line.

Liverpool RTBU members organised a public stall to raise awareness and funds for White Ribbon Day. The station staff volunteered their time and home made produce to ensure that the issues of violence against women were publicly highlighted.

RTBU education officer Maryanne Stuart organised a forum in Cronulla. Community leaders took part in the forum as part of White Ribbon Day where they discussed the pivotal role men can play in stopping violence against women. As Chris Heighington from the Cronulla Sharks says about violence against women - "it's just not cool."Special thanks to the RTBU's Maryanne Stuart for organising the important event.

RTBU Secretary Alex Claassens attended White Ribbon Day events at Liverpool Station and Gymea

Trade Union Club

Regina Naidu, Maria D'Souza, Bhanu Chottera, Jeoff Quinn raising awareness for White Ribbon Day at Liverpool Station

Photo coutesy of Benjamin Murch

Last Train out of Newcastle

RTBU Members Back White Ribbon Day

Page 24: 2014 Rail and Road December Edition

Page 24 rAIL & rOAD December 2014

RTBU Members can also take advantage of the United Services Union’s Aquatic Resort at Port MacquarieThe RTBU and USU have a reciprocal arrangement where members of each union can book holidays at the two locations, at member discounted rates.

The USU owns the Aquatic holiday resort, in a glorious location on the Hastings River at Port Macquarie on the north coast of New South Wales. The resort consists of a Motel and a Caravan Park.

Stay in comfort at the holiday resort and enjoy great discounts and great style while relaxing in what many say is the best climate in Australia.

No matter what type of holiday you are after your needs are covered. Lots to do any time of the year! There are a lot of attractions in the area for you and your family – have a great game of Putt-Putt golf or try Jet boating, Parra Sailing, Waterslides, Wave Bowling & Lawn Bowls which are all within walking distance. And don’t forget the fi shing!Please note – there are no tent sites at the Port Macquarie Caravan Park.

You can contact the motel or caravan park by calling the Comfort Inn Aquatic Motel on 02 6583 7388 or the Aquatic Palms Caravan Park on 02 6584 9155 or check the website at www.aquaticinport.com.au

You can also call the United Services Union’s Head Offi ce on 02 9265 8211 for more information.

Members must provide proof of identity plus their RTBU membership card at the time of arrival at Jervis Bay or Port Macquarie or full rates will apply. United Services Union

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RTBU Holiday Park at Jervis Bay

Located in the Booderee National Park, the RTBU Holiday Park at Jervis Bay, is just a 3 hour drive south from Sydney, but a world away…Each of the 14 self-contained units sleep up to a maximum of 6 people and rates are based on a family of 2 adults and 4 children. Other rates are available, however all units only have the capacity to sleep 6 people.Units have a double bed, two single beds and a set of double bunks. You will need to bring your own sheets as only mattress protectors, quilts and pillows are supplied.The units contain a digital television, an oven, microwave, fridge, crockery, cutlery, glassware, pots and pans as well as basic cooking utensils. Make sure you come prepared as the closest grocery shop is in Vincentia, a 30 minute drive away.The RTBU Holiday Park facilities available to all guests include a Boat Ramp, Undercover Bar-B-Q area with seating, Tennis Court and a Coin Operated Laundry.There are various swimming spots to enjoy and natural areas to explore, suitable for all the family.Kangaroos, possums, wallabies, kookaburras, bandicoots, echidnas and rosellas visit the grounds of the Holiday Park daily. Enjoy fishing for whiting, flathead and bream from the calm shores or take a quick walk to experience beach fishing for tailor and salmon on the pristine Bherwerre Beach.The boat ramp allows direct access via the Sussex Inlet Channel to St Georges Basin or outside into the famous fishing grounds of Jervis Bay.Bookings can be made by telephoning the RTBU Office on (02) 9264 2511.

Booderee National Park & Bherwerre BeachIn the Dhurga language, Booderee means “Bay of Plenty” and the area is the home to the people of Wreck Bay.The Booderee National Park has the only Aboriginal owned Botanic Garden in Australia. The gardens are well known for providing a centre for interpreting plants used by the local aboriginal people.The Park is also home to 200 species of birds, over 30 different native mammals including 10 species of bats, 37 reptiles, 17 amphibians and at least 180 species of fish.The White-Bellied Sea Eagle is a special bird at Booderee as it is the guardian of the Koori people of Wreck Bay and features on the Booderee National Park logo. This spectacular eagle has a white head, rump and underparts, dark or slate grey back and wings. It has an awe-inspiring wingspan of up to 2.2 metres. Within the Booderee National Park you will find beautiful white sandy beaches at Green Patch, Murrays, Steamers, Caves and Bherwerre.Bherwerre is home to some of the Boderee National Parks rarer seabirds. Pods of Bottle-nose dolphins are often spotted playing in the waves at the Sussex Inlet Entrance and Humpback whales have been known to enter the protected areas close to shore.

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On the Campaign Trail

Affordable housing, homelessness and cheaper fares to Sydney Airport were among the key issues discussed at the inaugural “Leading from the South” Sutherland-St George Assembly in Gymea last night.Around 350 people packed into the St Catherine Laboure School hall – including NSW Minister for Transport Gladys Berejiklian, local MPs and candidates in the March 2014 state election.Sydney Alliance spokesperson Asha Ramzan, ExecutiveOfficeroftheInnerSouth-WestCommunityDevelopment Organisation, said local residents from a broad coalition of religious groups, community organisations, trade unions and schools across Sutherland and St George were in attendance.“The Assembly was all about forging a positive agenda for the future - based on the common good, not vested interests,” Ms Ramzan said.“It was about the community taking a stand and showing that political leadership doesn’t just come from politicians.“And most importantly, it was about finding local solutions for local issues.”Minister for Transport Gladys Berejiklian was asked torespondtotwokeyissuesidentifiedbythelocalcommunity – a timeline for the delivery of train station accessibility upgrades, and reducing the cost of train fares to Sydney Airport for people who work in the airport precinct.The assembly also heard about the need for action to tackle Sydney’s housing affordability crisis – and potential solutions such as a shared equity housing scheme.Liberal Party parliamentarians Mark Speakman and Lee Evans committed to inviting Community Services Minister Gabrielle Upton to the Northern Sydney Assembly on 30 October, and to inviting Premier Mike Baird to an assembly 100 days after the state election should the Liberals retain government.Labor parliamentarian Barry Collier and candidates Maryanne Stuart and Obray Smith committed to taking Sydney Alliance’s housing policy solutions to Labor Leader John Robertson, and to inviting Mr Robertson to an assembly 100 days after the state election should Labor win government.

Ms Ramzan said the assembly showed that the local community is not powerless.“The State Government’s recent decision to install lifts at Arncliffe Station is a perfect example of how local communities can demand action form their political leaders.“We can achieve positive change when we work together, and when we hold our political leaders accountable for their promises and their decisions.”

Leading from the South

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Page 26 rAIL & rOAD December 2014

Improving the transport network is not just about biginfrastructureprojects.Wecanmakesignificantimprovements to public transport right now so that it better meets the travel needs of people across Sydney.For the 2015 election campaign, the Sydney Alliance haveidentifiedthreetransportsolutionsthatcouldbedelivered sooner rather than later. Combined, they would make a huge difference to the lives of millions of people.These solutions are about making better use of the infrastructure that we’ve already got. They’re affordable and achievable, because they build on the foundations we have in place to make public transport accessible to even more people. 1. RemovingtheAirportRailLinkaccessfee.Ourfirst

ask is about making the airport more accessible by public transport. We already have a train line to the airport. But only 15% of people travelling to the airport use it, because it’s too expensive. It’s more expensive to get from Town Hall to the airport than it is to get from Town Hall to the Blue Mountains. That’s crazy! But it has a simple solution. We want the Premier to remove the extra fees that are charged for using the airport train stations, to make public transport to the airport affordable for everyone.

2. An M4 'Park and Ride' at Olympic Park. Our second ask is about creating a park-and-ride alternativetobeingstuckintrafficonParramattaRoad. Thousands of people travelling between the westandtheCBDspendhoursadayintrafficonParramatta Rd, or scramble for limited parking

spots around train stations like Granville and Strathfield.Whatcanbedoneaboutit?Well,thereis a place where the railway line to Olympic Park crosses over the M4 motorway and Parramatta Road. At this spot, there used to be a little train station called Pippita. Currently, there is a car park, which is empty for most of the week. We think there should be a train station right here, with a car park and commuter facilities for people travelling to and from the city. Express trains could run from this stationtoStrathfieldandCentral.Thesetrainswouldget people from the end of the M4 to Central in less than 20 minutes – much faster than they could drive in peak hour! So, we want the Minister for Transport to commission a public feasibility study into the construction of a 'Park & Ride' interchange where the M4 meets Parramatta Rd, to enable an express train service from there to Central Station.

3. Making Train Stations Accessible Our third ask is about the accessibility of train stations. There are 175 train stations in Metropolitan Sydney. Only 96 are fully accessible to people in wheelchairs, on crutches, pushing prams, and carrying bikes. While the NSW Government has a program of access improvements underway, it is falling behind in meeting its legal requirements to make stations accessible. We want the Minister for Transport to make public the process that Transport for NSW is using to determine which stations are upgraded first.Mostimportantly,weasktheMinisterfor Transport to ensure that all train stations in Metropolitan Sydney are fully accessible by 2020.

Sydney Alliance - Public Transport and the 2015 NSW ElectionFixing public transport sometimes seems too hard. At every election, parties make promises about major multi-billion dollar projects that will be completed years into the future. We need to make this election different. The Sydney Alliance has Public Transport as one of its key issues leading into the NSW election.

www.locoexpress.com.au

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The Government has listed the Safety, Rehabilitation and Compensation Legislation Amendment Bill 2014 for debate and vote in the House of Representatives in November. If passed, the Bill will go to the Senate for a vote the following week .

BackgroundOn 19 March 2014, the Federal Government introduced the Safety, Rehabilitation and Compensation Legislation Amendment Bill 2014 (the Bill) as part of ‘cutting red tape’ day, citing potential savings for businesses as the policy rationale. The Bill takes awaysignificantrightsandsafety protection from injured workers and does not relate to any previous election or other public commitments of the Coalition.The Bill was referred to the Senate Education and Employment Committee, which held hearings on 20 June and reported on 8 July 2014. There were 18 submissions to the Senate Inquiry, with 16 expressing serious concerns about the Bill – these included submissions from the Queensland and Northern Territory State Governments.In a Bulletin released in November, Slater & Gordon Lawyers outlined some of the major concerns with the Bill, they are reproduced here:

A summary - consequences of the Bill:First, the Bill expands opportunities for employers to exit state and territory workers compensation schemes and to self-insure under the Comcare scheme, setting a low bar for entry. Employers would be able to choose to stop paying premiums to state WorkCover schemes and to instead pay license fees to Comcare.Submissions to the Senate Inquiry explain in detail how the Bill would create volatility and viability issues for all state and territory workers’ compensation schemes and place pressures on these schemes to reducebenefitsforinjuredworkers.Second, the Bill creates high risk gaps in health and safety protection because employers who choose Comcare do not have to comply with state health and safety laws. The Bill abolishes the jurisdiction of state health and safety regulators for Comcare self-insured companies.Only 44 Comcare staff are health and safety inspectors and they have limited experience of most industries. They are predominantly based in Canberra and do not have the capacity to provide regulatory coverage in regional areas.Third, allowing employers to exit state schemes means the workers of that employer automatically lose rights available to other workers in their state. For example, if an employer moves to Comcare, a worker loses common law rights to

compensation for injuries caused by an employer’s negligence and a range of other protection.Fourth, the Bill includes harsh measures to exclude and prevent injured workers (including deceased and catastrophically injured workers) from receiving any support from the scheme in a range of circumstances.These exclusions rely on the theme of employees being to blame for their injuries as a basis to exclude them from Comcare workers’ compensation. Those workers excluded will bear the cost of their work injuries as will their families.Fifth,longerandindefinitewaitingtimes for decisions. There are no time frames in Comcare for employers to make decisions, so injured workers can wait months, even years for a decision on whether ornottheywillreceivebenefits.This is unlike state schemes that set clear time frames for decisions. If the decision is wrong, an injured worker must appeal to the Administrative Appeals Tribunal (AAT). The Government is not re-appointing members to the already under-resourced AAT which is and unable to cope with the current number of claims. Allowing more employers to join the scheme will mean that workers will have to wait longer for decisions to be made on claims and therefore will be left out of pocket for longer.

Comcare expansion back on the Coalition’s agendaThe Coalition Government is set to revive its bid to expand Comcare nationally and cut the rights of injured workers.

Safety Matters

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Health and Safety Representative Elections (HSRs) 2014

Over recent months the RTBU has raised concerns over crew safety when travelling through tunnels, in particular the NSW Ulan tunnels that currently have track owner requirements for operators to provide SSR90 breathing units on all trains in case of emergency evacuation.The number of failures and near miss failures where trains have barely limped through the tunnel has increased to concerning levels. Two of our members were recently hospitalised with particulate intake.PacificNationalrecentlygaveapresentationtotheNSW Coal ERC meeting on various new technologies it is considering placing on all locos for use in tunnel emergencies. While this is welcome and long overdue, serious concerns remain over PN’s dismissive attitude

to poor locomotive performance / maintenance that is causing these failures.It was pointed out that the number of locomotives placed on the restricted list (second unit only) because of leaking windows, defective air conditioning etc was unacceptable. The RTBU will be following this issue up, however in the interim members should do thorough checks of locomotives for issues that may lead to exhaust inhalation in cabs and report it.If you’re rostered on a Ulan service and your loco is not safe, don’t take it. Talk to your HSR representatives.Members within the NSW Vic operation should be aware that it is currently company policy to have SSR 90s on all services that traverse tunnels.

Finally, after months of negotiations between Union Delegates and Management, overseen by WorkCover, we are now in position to commence WH&S Act and Regulation compliant HSR elections.Thefirststepinthiselectionprocesswastoseeknominations for the HSRs and Deputy HSR positions.Nomination forms together with general information on the number of HSR positions, work groups and the electoral boundaries were mailed out to all Sydney Trains Station Staff commencing 19th November 2014.Members are reminded that there is agreement for (3) work groups, those being Wages, Salary and Cleaners, (56) HSR positions, (56) Deputy HSR positions and (14) electoral boundaries.The processes for these elections are:• To be eligible to nominate and vote you must work in

the workgroup and area you are nominating for.• It is “self-nominating”.• A nomination for HSR is an automatic nomination for

Deputy HSR, unless the candidate advises otherwise.

• First past the post wins the position. (majority)• Mark ballot papers with “ticks”.Nominations for the HSR and Deputy HSR positions open 20th November 2014.Nominations Close 4th December 2014.The number of nominations received will dictate whether a ballot will be required. If a ballot is required this will open 5th January and close 19th January.To ensure that the election process is conducted in a fair and ethical manner the Australian Electoral Commission (AEC) has been contracted to administer the process.Members are encouraged to nominate for the HSR and Deputy HSR positions. This is to ensure that workers in their work group have WH&S compliant representation and are represented by the persons elected by them rather than a process of being represented by others who may ormaynothavetheirhealthandwelfareastheirfirstandforemost thoughts.The Union will keep members advised as to the progress of this issue.

Train Driver Safety

Sydney Trains – Stations

Merry Christmas and a Happy New Year

The RTBU Executive, Officers and Staff wish all Members a

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rAIL & rOAD December 2014 Page 29

WhenbusdriverLeoGriffinpassedawayon23Octoberthis year, his wife Beryl, friends and work colleagues wantedtogivehimasendoffthatwasbefittinghislove of trains. They hired a special train from 3801 and sought permission from Sydney Trains to run the special train, with Leo onboard from Central to his funeral in Blackheath.Thisremarkablefinaljourneywassimplytheexclamation mark at the end of what was a remarkable life. Leo was born in The Hague, The Netherlands 8 June 1955. He came to Australia in 1957 with his parents and sister. Another sister was born the following year. They lived in Sydney for a while and then settled in the Blue Mountains, living in Leura, Katoomba and Blackheath. He always loved the Mountains and always said he would like to retire there. Leo’s father introduced him to model trains and he has had many friends over the years who have shared this passion. Leo loved model trains and had an extensive collection mainly of NSW steam locomotives and rolling stock. He also travelled on many vintage train rides over the years with his family and friends. He was diagnosed with kidney and urology issues at the age of 9 and struggled with ill health much of his life but always had a positive outlook and friendly and helping nature. Leo moved to Sydney to study Land and Engineering Survey Drafting in 1976. Later working at theLand’sTitlesofficeinthecityandthenRandwickCouncil as a Survey Draughtsman. He met his future wife Beryl Gruber in 1977. Leo and Beryl were married on the 3 May 1980 in her home town of Canowindra in the central west of NSW. Leo’s extended family all loved him dearly and he was often telling jokes and was known for his quick wit and also his amazing wealth of knowledge about many subjects. Leo was also able to discover his Dutch family when he and Beryl were able to visit The Netherlands in 2007, 50 years after he left as a little boy. Leo and his family became very close very quickly and he was able to go back and visit in 2010 & 2012. Leo attended church from an early age with his parents and his faith was very important to him. He left the position at Randwick Council to work as Pastor at the Randwick Baptist Church, now called Gracepoint. Beryl and Leo attended there from November 1980 and Beryl is still attending. Leo started driving buses out of Randwick Depot in 1994 and absolutely loved driving. He was often seen and recognised with his Akubra hat, beard and whistling or singing as he drove. He was often commended by his colleagues for his friendliness and also by the passengers. Leo had a good driving record. Leo’s health began to

deteriorate toward the end of 2013 and even more so during this year. Leo passed away on 23 October with his wife and a dear friend by his side at the Prince of Wales Hospital. After a memorial service in Randwick, Leo’s train arrived at Blackheath in time for his funeral service at 2.45 at Blackheath Cemetery on 31 October. While those near to Leo are glad that he has no more pain and suffering, and is in a much better place, he will be deeply missed.The RTBU would also like to thank the individuals who assisted at short notice with the arrangements for the 'funeral train'. We believe it has been at least twenty years since a special 'funeral train'was run for the late, great Loco Inspector Jack Sparkes, but happy to have someone correct us. Ed

Leo’s Last Train Ride

Whistlestop

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Presentations to: Pat Zensky 1961 - 2014, Arthur Pollard 1969 - 2014, Steve Greenwald 1974 - 2014, Daryl Fitzgerald 1994 - 2014 and Brett Roberts. All long serving AFULE, RTBU members. Special Thanks to Andy Goss & Phil Oshea for organising.

Organisers Peter Mundey and John Mountney presenting plaque to Graeme Aldridge, and DallasKrissreceivedaCertificateofRecognitionfor his partner Toni Mason, who was ill and unable to attend, who had served 28 years service Mountney.

Taree Smoko

Lidcome Presentations

Merry Christmas and a Happy New Year

The RTBU Executive, Officers and Staff wish all Members a

WIN a 32" LCD TV

If you join the RTBU, or switch your union dues to direct debit, or are currently on direct debit over the festive season

(December 2014 and January 2015).you will automatically go in the draw for a new 32" colour TV.

Closes Friday 31 January, Drawn Monday 2nd February 2015

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rAIL & rOAD December 2014 Page 31

Joe Piri, John Pigram, Murray Pepper, Arthur Pollard and Pat Zensky

TherecentEnfieldSmokopresentedRedundancyPlaquesandCertificatestolongtermdrivers,whohadalldecidedthat after long careers, and increasing dissatisfaction on the job, the offer of redundancy was all that was required. The experience and the characters will all be missed. Presentations were made by union and work colleagues to:Arthur Pollard , who started in 1969 as a Station Assistant at Harris Park as relief then moved to Rooty Hill Station as fulltime. In January 1971 found the light and transferred to Delec to start his Loco career. Arthur had 45 years on the job. Pat Zenski , who began working for the railways as a Shop Boy at Chullora Loco Works in 1961. He then managed to get his foot on the Footplate as an Trainee Engineman at Delec in July 1962. Pat moved to Chullora as part of National Rail until taking redundancy in June. Pat had 53 years on the jobJohn Pigram – Started work in a government apprenticeship at Cockatoo Island in 1971. He then transferred over to the NSW government railways in January 1974 at Lithgow where he became a member of theAFULE.HethentransferredtoDelecEnfieldin1975,then to Clyde in 2003. John had 40 years in the railways.Joe Piri started his career as a engine cleaner in January 1982. He then progressed and started his Loco career.

He eventually become a Driver Trainer and enjoyed this position for 13 years, before management started changing the way Driver Trainers operated, and went back to driving trains until the redundancy was offered in June. Joe had 32 years on the job.Murray Pepper started in 1986 as an AC Technician assistant at ACDEP, then moved to Delec in 1990 as an assistant train driver, and becoming a driver in 1995. His firstregularmatewasStan(BabyFace)Karnwichwhichlatest for 18 months. Next regular mate was Tony Katon until he was appointed acting driver 1994. Managed to become a driver in 1995. Murray had 28 years in the railways.

I am retiring from my position as Guard Trainer at Newcastle effective from 05.01.2015 after 43 years of

service with the NSW Government organisations and with the ARU/ RTBU, as a result I will be relinquishing

my RTBU membership.

Thank you to the union for a job well done during that time, although I wasn't so active within the Union I

was always proud to be a Union member. I look forward to retirement for many reasons particularly the end

to shift work and to be more available to family, including my grand children.

Thank you,

Bruce Greenham.

IwouldliketoinformyouthatIhaverecentlyacceptedanofferofVSP.Ifinishedmyemploym

entwith

Sydney Trains Maintenance in June 2014.

I do not wish to seek either employment in the rail or transport industry and consider myself retired, so I

would like to inform you that I wish to resign my membership of the RTBU.

I would like to express my gratitude and appreciation for the pay rises, protection and good working

conditions that the RTBU provided for me in my employment of more than 30 years on the NSW railways.

RegardsWilliam James McGuiggan

Retirement Letters

Enfield Send Off 200 Years Experience

Page 32: 2014 Rail and Road December Edition

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Call the RTBU on

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Compensation & negligence claims

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Family law

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Conveyancing

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Out of hours appointments

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Reputation & Results

Lawyers helping Rail, Tram & Bus workers across NSW

For 24 hour information on legal services you can visit our website

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Slater & Gordon is proud to be the preferred legal service provider for the RTBU NSW Branch,

its members and families. We have offices throughout NSW & ACT and offer preferential rates

and services to members of the RTBU and their families.

* Conditions apply. Does not include other party costs.May not include out of pocket expenses.

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RTBU Change of DeTails foRm

Change of Personal Details

Change in Banking Details

Surname

Street Address

Home Telephone Number

Name of Financial Institution (Bank)

Credit Card Type: Eg Visa, MasterCard, AMX

Credit Card Number Expiry Date

Branch where account is held

Credit card in the name of

Employer

Occupation: Eg Train Driver

Bank/State Branch Number: (BSB Six Digits) Account Number (Maximum of 9 digits)

Date Of Birth

Account in the name(s) of

SIGNATURE DATE

Email (work)

Email (home)

Work Telephone Number

Employee Number RTBU Member Number

Work Location/ Depot

Mobile Number

Date Commenced

Next Pay Week

Employment Status

Given Name(s)

Suburb

Gender

Post Code

MaleFemale

Fulltime Part time Casual

iMPortant Members need to specify the date of their next pay so that when the membership fee debit occurs on a friday there is sufficient money in the account to ensure the transaction is not dishonoured which results in you then being charged an additional fee by your bank.

Details of Bank aCCoUnt to Be DeBiteD

Details of CreDit CarD to Be DeBiteD

I/We authorise and request the Rail Tram and Bus Union, until further notice in writing to arrange for my/our account described in this direct debit authority, to be debited with any amounts which the debit user may properly debit or charge me/us through the direct debit system.

I/We authorise and request this direct debit authority to remain in force until cancelled, deferred or otherwise altered in accordance with this service agreement.

Please email your completed form to [email protected] by using the submit button Post: Level 4, 321 Pitt Street, Sydney NSW 2000 or fax: 02 9261 1342

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I, ___________________________________________________ the undersigned, hereby apply to become a member of the Australian Rail, Tram & Bus Industry Union, an Organisation of employees registered under the Fair Work (Registered Organisations) Act 2009 as amended, and hereby undertake to comply with the Rules & By-Laws for the time being of the Union.Signature of Applicant _______________________________________________________ Dated _____________________ I, __________________________________________________ the undersigned, hereby apply to become a member of the Australian Rail, Tram & Bus Union NSW, an Organisation registered under the Industrial Relations Act 1996 (NSW) as amended, and hereby undertake to comply with the Rules and By-Laws for the time being of the Union.Signature of Applicant _______________________________________________________ Dated _____________________

DETAILS OF THE ACCOUNT TO BE DEBITED

Account Name OR Name on Credit Card __________________________________________________________

Financial Institution ______________________________________________ Branch ___________

Date of next pay week __________________________IMPORTANT Members need to specify the date of their next pay so that when the membership fee debit occurs on a Friday there is sufficient money in the account to

ensure the transaction is not dishonoured which results in you then being charged an additional fee by your bank.

Bank/State Branch No. (BSB) Account No./ If Credit Union Membership No. _____________

Card Type MasterCard Visa Expiry Date /

Credit Card Number

Please submit this Form to the RTBU’s Membership Officer by email [email protected] OR Mail to Level 4, 321 Pitt Street Sydney NSW 2000 OR Fax (02) 9261 1342

RTBU MEMBERSHIP APPLICATION FORM

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1. I agree to pay $ __________ via DIRECT DEBIT fortnightly; OR

CREDIT CARD fortnightly or any other amounts as may be determined from time to time in accordance with the Rules of the Union.

I certify that I have received a copy of Rule 14, Notification of Resignation From Membership.2. I/We authorise and request the Rail Tram & Bus Union, until further notice in writing to arrange for my/ our account

described in this direct debit authority, to be debited with any amounts which the debit user may properly debit or charge me/us through the direct debit system.

3. I/We authorise my employer to notify the Rail, Tram & Bus Union of any change of address during my employment.4. I/We authorise and request this direct debit authority to remain in force until cancelled, deferred or otherwise altered in

accordance with this service agreement.Signature of Applicant _____________________________________________________ Dated ____________________

Surname

Street Address

Home Telephone Number

Employer

Occupation: Eg Train Driver

Date Of Birth Email (work)

Email (home)

Work Telephone Number

Employee Number

Work Location/Depot

Mobile Number

Date Commenced

Employment Status

Given Name(s)

Suburb

Gender

Post Code

MaleFemale

Fulltime Part time Casual

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PLEASE KEEP THE FOLLOWING FOR YOUR REFERENCE

RESIGNATION FROM MEMBERSHIP

OF THE RTBU1. A member may resign from membership of the

Union by written notice addressed and delivered to the Secretary of his/her Branch.

2. A notice of resignation from membership of the Union takes effect:–

(a) where the member ceases to be eligible to become or remain a member of the Union

(i) on the day on which the notice is received by the Union or

(ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member, whichever is later; or

(b) In any other case:–

(i) at the end of two weeks; or

(ii) on the day specified in the notice: whichever is later.

3. Any subscriptions, fees, fines and levies owing but not paid by a former member of the Union in relation to a period before the member’s resignation took effect, may be sued for and recovered in the name of the Union in a Court of competent jurisdiction, as a debt due to the Union.

4. A notice delivered to the Branch Secretary shall be deemed to have been received by when it was delivered.

5. A notice of resignation that has been received by the Union is not invalid because it was not addressed and delivered the Branch Secretary.

6. Resignation from membership of the Union is valid even if it is not affected in accordance with this Rule, if the member is informed in writing by or on behalf of the Union that the resignation has been accepted.

What happens if I get pregnant, sick for an extended period or take leave without pay?

If you are on unpaid maternity leave, sick or are off work for a substantial period of time you can seek to have your membership fees suspended until you return to work by giving written notice addressed and delivered to the Secretary of his/her Branch under Clause 11 (8):

(8) Notwithstanding the foregoing provisions of this Rule, should any member during any financial year be without pay owing to ill health or to other causes which a Branch Executive regards as warranting special consideration, then the Branch Executive may grant the member exemption from payment of all or any contributions imposed in accordance with the Rules for all or part of the period during which he/she is without pay. During the period of the exemption, the

member shall be deemed to be financial.

The Rail, Tram & Bus Union is bound by the Privacy Act and your information can only used for RTBU processes and cannot be used for any other purposes.

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IMPORTANT

Level 4, 321 Pitt StreetSydney NSW 2000

Tel (02) 9264 2511 Fax (02) 9264 1342

E-mail [email protected] www.rtbu-nsw.asn.au

Page 36: 2014 Rail and Road December Edition

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